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Parties rest after second day of testimony in Chavez trial
Case Agent Detective Aaron Hayes holds unloaded handgun found in the car Matthew Chavez was driving when he surrendered to police at Premiere Cinemas Feb. 5, 2023, during trial testimony Aug. 20. Chavez is charged with first-degree murder and tampering with evidence in the death of Jordan Gallegos, whose body was in the back seat of the car.
BERNALILL O— Both the prosecution and the defense have rested in a murder trial for Matthew Chavez.
Chavez, 26, of Rio Rancho, is accused of killing Jordan Gallegos and driving around Albuquerque and Rio Rancho before turning himself into police at Premiere Cinemas in February 2023. He is charged with first-degree murder and tampering with evidence.
On Wednesday, after hours of testimony from detectives on the case, including the case agent detective Aaron Hayes of the Rio Rancho Police Department and the Office of Medical Investigator, Assistant District Attorney Jessica Perez and Public Defender Cherylinn Gunning stated they didn't have any more witnesses to call. Chavez also declined to testify on his own behalf.
Hayes testified that cellphone use data showed Chavez's phone was in use at some key locations in the case, providing an approximate timeline of when they were at those locations. He said he was able to match up the locations from a location app on Gallegos' phone as well.
According to his testimony, the phones were first at Mariposa Basin Park, then they went to a location called the "West Side Overlook," which Hayes described as a dirt lot in a residential Rio Rancho area to the southwest often used as "a make-out spot." Then, the phones were pinged to Albuquerque Academy. After that, Chavez's phone, while he was speaking with RRPD Sgt. Gabriel Griffith, was pinged on Paseo Del Norte and eventually Premiere Cinemas.
Hayes explained this all took place over several hours during the night of the murder.
As was brought up by Deputy District Attorney Adoni Garrote and public defender Jonathan Schildgen, the cell data also pinged two gas stations where Chavez and Gallegos were seen buying alcoholic beverages.
Schildgen asked the detective if he smelled alcohol when the car was opened. Hayes said he smelled an odor consistent with alcohol underneath Gallegos. Testimony from other officers and Hayes noted that they didn't find it necessary to order a breathalyzer test for Chavez.
Hayes also collected evidence at the scene, including the gun and three spent bullets. Two came from Gallegos' body, and the other was found in the cabin of the vehicle. He added that there was one live round in the chamber of the gun but the clip of the gun was empty.
An OMI field deputy and a forensic pathologist corroborated this.
OMI Field Deputy Bailey Johnson confirmed that she secured the body and pronounced Gallegos dead. She noted there were two obvious wounds and a lot of blood as well as other substances that came from the wounds.
OMI Forensic Pathologist Dr. Chris Cormier reviewed the post-mortem report. He said Gallegos sustained at least two, possibly three injuries to her head. The reason there may have been three, he explained, was because one of the wounds could have been entered twice by two bullets. He also established that the cause of death was gunshots to head, confirming the death was a homicide.
Lastly, Chad Smith with the Department of Public Safety testified as a forensics expert in firearms. He explained how bullets work and findings from the case. He said there were three casings, three jackets and three fillings, breaking down each part of the bullet. He also confirmed that those bullets came from the gun recovered from the floorboard of the car.
Before adjournment, Schildgen made a motion to dismiss on the grounds that the state did not provide adequate evidence. He also cited Chavez's compliance with officers when "he turned himself in."
Perez argued that the state had met the requirements, adding that even though Chavez complied, the state doesn't consider his amenable behavior a sign that he "turned himself in." She said that had he called police on himself rather than only complying once police called him, it would have been the case. Judge Christopher Perez denied the motion.
Both prosecution and defense teams will make closing statements Aug. 21, the third day of the trial, before the jury is sent into deliberation.